Appeal No. 1997-3189
Application 08/592,898
(answer, page 3) that all of the dyes in claim 25 except those of
formula 8 are exemplified in columns 3-7 of Balliello and that
Balliello discloses use of mixtures of dyes of the types in
columns 3-7 together with formazan dyes (col. 1, lines 29-60).
Appellants do not challenge this finding. Thus, the question to
be decided is whether one of ordinary skill in the art would have
been led by the references to use dyes 26 and 53 of Geigy ‘464 in
combination with the dyes in columns 3-7 of Balliello which fall
within the scope of appellants’ formulas.
Appellants argue that Balliello merely makes reference at
one point to formazan dyes, among many other types of dyes, lists
nearly all metals normally used in formazan dyes, does not
indicate whether 1:1 of 1:2 metal complex formazan dyes should be
used and what substituents should be present in those dyes, and
discloses azo dyes as the only preferred metal complex dyes
(brief, pages 4-5). Geigy ‘464, appellants argue, does not
suggest using mixtures of cobalt complex formazan dyes with any
other type of dye (brief, page 6). In appellants’ view, it would
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